Who Is Responsible For Removing A Tree On Common Property? Answers To This Other Borderline Questions

Posted on: 2 December 2021

If there is a tree right on your property line, you have likely enjoyed the shade from that tree. But if its branches have started bending towards your roof or it's otherwise bothering you, what do you do next? You would like to call tree removal services, but the tree isn't entirely on your property, so what do you do?

When a tree is on the property line, each neighbor is responsible for ensuring the tree's upkeep. However, laws vary from one state to another. Therefore, before calling in a tree removal service, it is important to consult with local departments on your rights to the shared tree.

Who Owns the Tree When It's on the Property Line?

An accepted law across the states is that the landowner where the tree trunk stands owns the tree. Therefore, if there is a tree near the property line with its trunk on your neighbor's property and its branches hanging over your yard, the tree belongs to your neighbor.

On the other hand, if the trunk is partly on both sides of the property, the tree is a boundary tree. The tree will therefore belong to both property owners, and they will share equal rights and responsibilities. Therefore, when considering tree removal, you will need to consult your neighbor.

Your Neighbor Removed a Tree Without Your Consent. What Can You Do?

If the tree trunk sits on both properties, you share equal rights. Therefore, one co-owner isn't lawfully allowed to remove the tree without the second owner's permission. So, if your neighbor removes your tree without your approval, it's unlawful.

You will be liable for compensation if you decide to sue to enforce your rights. However, you can discuss it with your neighbor before opting for a lengthy court process.

What Should You Do If Your Neighbor's Tree Seems Like It Will Fall on Your House?

Unfortunately, you cannot call tree removal services for a tree that isn't on your property. So, if you are concerned that your neighbor's tree will fall on your roof and they are doing nothing about it, you can try trimming the branches hanging over your property,

If you are still worried about the tree falling after trimming and dialogue with your neighbor isn't working, you can report the case to the city government. Most cities have laws that prohibit keeping a tree that poses dangerous conditions. The city government has the authority to demand the owner cuts down the tree.

Get Expert Tree Removal Services

Boundary trees or trees on property lines are a sensitive subject. Always ensure you consult with your neighbor before deciding to hire a tree removal company. Have you both decided to remove a tree? Cont a tree removal company, such as American Quality Tree Services, to take the next step.